[Cites 3, Cited by 0]
Allahabad High Court
Anil Arora vs State Of U.P. And 2 Others on 3 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:71406
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3950 of 2026
Anil Arora
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Pramod Kumar Srivastava, Tripathi B.G.Bhai
Counsel for Respondent(s)
:
G.A., Ravi Shanker Pathak
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for petitioner, learned counsel for opposite party no.3 and learned AGA for the State.
2. The petition is filed with the following relief:
"(I) direct the Session Judge, Mathura to pass appropriate order on the stay application filed by the petitioner in Criminal Revision No.130/2026, Anil Arora Vs. State of U.P. and another and till then the effect and operation of the order dated 25.02.2026 passed by the City Magistrate, Mathura as well as dispossession of the petitioner in pursuance thereof, may be stayed."
3. It is submitted by learned counsel for petitioner that the suit for eviction was filed initially in respect of property in question by opposite party and when the same was not succeeded, application under Section 145 Cr.P.C. was filed. In the application under Section 145 Cr.P.C. the order was passed attaching the property in question, which was subject matter of challenge in the revisional court. On 12.12.2025 following order was passed:
"On call, Ld. Counsel of revisionist side is present.
Heard the Ld. Counsel on the point of admission of this Criminal Revision and perused the record.
This Criminal Revision is preferred against the order dt. 13.11.2025 passed by City Magistrate, Mathura in Case No.2412/2025 (Computerized Case No.D202501500002412) Manish Kumar Vs. Basant Lal & Ors., U/s 164/165(1) B.N.S.S., by which Tehsildar, Sadar has been directed that through In-charge Inspector of P.S. Kotwali Mathura, the property in question be attached and hand over it to an impartial person.
The Criminal Revision can be instituted against the impugned order. Admit, register.
Notices be issued to the respondent side for date fixed. Steps be taken within 3 days. Put up on 12.01.2026 for hearing/arguments.
(Vikas Kumar-I)
Sessions Judge,Mathura
I.D. No.UP 1910
On behalf of Revisionist side, application 5kha is moved with the prayer to stay the operation of impugned order dt. 13.11.2025.
Keeping in view the facts and circumstances of the case, the operation of said order will remain stayed till the next date fixed.
(Vikas Kumar-I)
Sessions Judge,Mathura
I.D. No.UP 1910"
3-A. Learned counsel for petitioner submits that ignoring the stay order, release order was passed on 25.2.2026, which is subject matter of challenge in Criminal Revision No.130 of 2026, which has been admitted by the revisional court by order dated 16.3.2026, however, on the question of grant of stay, the date has been fixed i.e. 9.4.2026. Learned counsel for petitioner submits that in the intervening period, respondents are trying to disturb the possession of property in question from the petitioner. Learned counsel for petitioner further submits that the ends of justice would be served, in the event, revisional court is directed to consider and decide the stay application of the petitioner/revisionist and till the aforesaid intervening period, protection may be granted.
4. Learned counsel for opposite party no.3 submits that petitioner's lease has expired and beyond the expiry of lease, petitioner is in possession of property and has no legal right to the possession of the property. However, learned counsel for opposite party no.3 could not dispute the fact that in the revision, stay order was granted by the revisional court.
5. Be that as it may, since the stay application is pending before the revisional court and the next date fixed is 9th April, 2026, the ends of justice would be served, in the event that the direction be issued.
6. In view of aforesaid, the petition is disposed of with a direction to the revisional court to decide the stay application of the petitioner on the next date or within 15 days after hearing both the parties. Opposite party no.3 is directed to appear before the revisional court on the next date. The revisional court shall pass appropriate order on the stay application in accordance with law.
7. Till the decision on the stay application in revisional proceedings, parties are directed to maintain status quo.
(Vikram D. Chauhan,J.)
April 3, 2026
D. Tamang
